Judge says Delta pumping rules, meant to protect fish, are too restrictive

Contra Costa Times ^ | 12/14/10 | Mike Taugher

[SmithL]

The same federal judge who helped set in motion protests in California's farm country when he ruled three years ago that Delta pumping limits were too lax to prevent fish from going extinct determined Tuesday the new regulations go too far the other way.

In a sharply worded, 255-page decision, U.S. District Judge Oliver Wanger, of Fresno, concluded: "The public cannot afford sloppy science and uni-directional prescriptions that ignore California's water needs."

He ordered regulators to rewrite significant portions of a permit for massive Delta pumps that deliver water to the Bay Area, San Joaquin Valley and Southern California. The permit sets out a host of rules that are meant to prevent Delta smelt from going extinct.

"We are thrilled with the court's decision," said Thomas Birmingham, general manager of the Westlands Water District, the country's largest irrigation district and the region hardest hit by recent drought.

The ruling, Birmingham said, would send the permit back to regulators for "a thorough overhaul."

Wanger characterized the situation as "the continuing war over protection of Delta smelt ... and associated impacts to the water supply for more than half of the state of California."

Despite the blistering language Wanger used at times, it was unclear how much relief water agencies most affected by the regulations would see. He ordered no immediate changes to the pumping regulations.

His ruling appeared to echo a critique in March by a panel convened by the National Academy of Sciences that found the new Delta smelt permit -- along with a related permit to protect salmon, steelhead and green sturgeon -- was conceptually justified but inadequate in its specifics.

[SmithL]

Wanger, Oliver Winston

Born 1940 in Los Angeles, CA

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of California
Nominated by George H.W. Bush on January 8, 1991, to a seat vacated by Milton Lewis Schwartz; Confirmed by the Senate on March 21, 1991, and received commission on March 25, 1991. Assumed senior status on May 31, 2006.

Education:
University of Southern California, B.S., 1963
University of California, Berkeley, Boalt Hall School of Law, LL.B., 1966

Professional Career:
U.S. Marine Corps Reserve Sergeant, 1960-1967
Deputy district attorney, Fresno County, 1967-1969
Adjunct professor, Humphrey College of Law, 1968-1969
Private practice, Fresno, California, 1969-1991
Adjunct professor, San Joaquin College of Law, Fresno, California, 1970-1991
Dean of the law school, 1980-1983
City attorney, City of Mendota, California, 1975-1980
Temporary judge, Superior Court of California, County of Fresno, 1988
Pro tem settlement conference judge, Superior Court of California, County of Fresno, 1989

[Cicero]

There wouldn’t be a problem if this dummy judge hadn’t been so stupid in the first place.

[FlingWingFlyer]

Maybe it’s just me but it would seem that “judges” have better things to do than worry about a damn fish. It’s just a damn fish!

[w1andsodidwe]

"The public cannot afford sloppy science and uni-directional prescriptions that ignore California's water needs."

It is all about sloppy science now days. Glo-Ball Warming is the best example of that although there are many others.

[clamper1797]

U.S. District Judge Oliver Wanker

[Windflier]

Now that untold damage has been wreaked on California’s agricultural belt, this fool realizes that maybe a one inch, insignificant fish is maybe just a bit less important than the livelihoods of thousands of California farmers, and his state’s economy.

The unintended consequences of liberal policies kill people and destroy nations.

[BAW]

Turn on the water. . . for the people.

[dila813]

He is trying to ease his conscience.

I drove through this moon scape that used to be productive crop land just two months ago.

I hope this evil judge isn’t fooling himself into believing this is adequate penance for his actions against the innocent farmers who only wished to feed their fellow men.

[piytar]

“The public cannot afford sloppy science and uni-directional prescriptions that ignore California’s water needs.”

Well, your Honor, it was your decision based on sloppy science - that I seriously doubt you understand - that forced this mess to occur.

So isn’t the problem really sloppy jurisprudence based on poorly understood sloppy science? Nah, that couldn’t be it. /SARC

[diogenes ghost]

I assume the water shortage forced some farmers to go broke and sell their farms at distressed prices.

I also assume the farms were bought by 'connected' entities, who arranged for the water to then begin flowing again.

Why am I so damned cynical? It might just be experience.

[bunkerhill7]

Can we all flush our toilets at the same time now?

[fremont_steve]

Thought so - can’t go believing reporters!

It was Judge Frank Roesch - an ALAMEDA County judge that ruled that the State REsources board “cease and desist” from further pumping operations:

http://dev.calsport.org/4-5-07.htm

Maybe Wanger had somethign to do with - but this guy Roesch started it. He’s responsible for lots of other CA ills. But nos surprise - he’s right here in Alameda county with me.. :-(

[prolusion]

No comment, he says. No comment, and
all the time he’s got my chair.

Macreedy smiles tiredly. He half turns toward Coley.

MACREEDY
I always seem to be taking somebody’s
place around here.

He gets up, with his chili, and sits down three stools away.
Coley straddles the stool Macreedy has vacated. He squirms
on it, his movements exaggerated. Now he spins to face Smith.

COLEY
This seat ain’t comfortable.

MACREEDY
I was afraid of that.

COLEY
I think I’d like the seat you’re on.

SMITH
(to Macreedy, mildly)
He’s as changeable as a prairie fire.

MACREEDY
(to Coley)
Suppose you tell me where to sit.